No. 10 May 1997 ISSN 1363-9552
Published in London by the Prison Reform Trust
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Business as usual under New Labour?
It looks as if the election of a
Labour government on 1 May 1997 has not
threatened the future development of private prisons in the UK. In fact, the
government will encourage the use of private capital for public sector projects
using the Private Finance Initiative (PFI).
Geoffrey Robinson, the government’s paymaster general has said that the
PFI is the only way that new projects
in any part of the public sector will be funded. He regards the finance,
design, build and manage model as most efficient - even for prisons - as split
responsibility adds to complications and a division of accountability.
Meanwhile, Jack Straw, the new home secretary, has confirmed that all
existing prison contracts - whether to
privately manage or to finance, design, build and run - will be
honoured. But within a week of coming to power his pre-election claim that “we
shall certainly make no new ones [contracts] and, within the existing budget,
shall take back into the public service privatised prisons as soon as contractually
possible” has changed. Speaking on BBC radio on 8 May he said: “...if there are
contracts in the pipeline and the only way of getting the [new prison]
accommodation in place very quickly is by signing those contracts, then I will
sign those contracts.”
What constitutes “in the pipeline” is a moot point. The Prison Service has applied for planning
permission for three new prisons to be built and is investigating sites for two
others. If what the paymaster general
says is true, then at the very least, all of these will be privately financed,
designed and built. But before the tendering process for these projects begins there is plenty of
time for a public debate about whether the new prisons have to be privately managed as well.
At this stage, whether Mr Straw intends to initiate such a debate and
stand by his original pledges remains unclear. According to a Prison Service
spokesperson, “the home secretary will expand on what he said when he feels it
appropriate and is ready to do so.”
Privatisation under
The South African government is privatising seven new prisons. The
Departments of Public Works and Correctional Services will jointly issue
Requests for Qualification from
interested companies in May and June 1997. Requests for Proposals will be made
available to short listed respondents towards the end of the summer but the
exact timetable for inviting and considering bids and awarding contracts has
not yet been agreed.
The new facilities include
pre-trial, super-maximum and maximum security prisons and at least one youth
development centre. They will hold a total of 10,000 prisoners. The
value of the contracts is more than R1.5bn (£208m). Contractors will be expected to finance, design, build, maintain and operate
the facilities. Their financial returns are being guaranteed by the government.
All of the leading international prison companies are expected to bid in
conjunction with South African partners. According to the Department of Public
Works, no companies have made any presentations to ministers or officials yet
although “considerable interest has been shown in the programme both locally
and abroad.”
Despite recent statements made by the corrections minister about
locating prisons in disused mines, none of the new facilities will be
underground.
The seven prisons are part of
the government’s Asset Procurement and Operating Partnerships programme which
was approved in November 1996.
Cleaning up?
Wackenhut has been negotiating with the Prison Service to take over the industrial functions of HM Prison Coldingley in Surrey on a profit sharing basis. Coldingley is a training prison with an industrial bias and provides prisoners with work in sign making, engineering and laundries. A contract drawn up before the general election is awaiting consideration by ministers. Coldingley’s industries generate revenues of around £1.8m, which represents some five per cent of the earnings of all prisons. The workshops make all the signs used by the Prison Service. Its laundry has recently won a number of lucrative contracts to provide services to National Health Service hospitals. Its ability to compete with both public sector staff and private companies for such work is partly based upon its lower wage costs.
Coldingley’s governor believes that more commercial marketing expertise
and new capital are needed in order for the prison’s industries to expand and
compete. But public money is unavailable. Wackenhut would bring marketing
skills and capital investment but only if it could take on existing Prison
Service staff. Trade unions are
objecting to the transfer of some 40 staff.
n Public/private partnership
contracts for three farming and four industrial projects at other prisons are
also waiting to be considered by the new Labour administration. Private firms
would inject capital and management expertise in return for a share of profits.
In these cases, no staff transfers would be required.
n The Private Finance
Initiative (PFI) - Dangers, Realities, Alternatives is a new booklet which
examines the use of the PFI. Drawing on European examples, it suggests an
alternative approach to public sector finances. Available from: PSPRU,
Unison, 1 Mabledon Place, London, WC1H 9AJ, England. Price:£10 (public sector),
£50 (private sector).
Lean staffing
at Wolds
Wolds is run by Group 4 and
was the first prison in England to be privately managed. It opened in 1992 as a
remand centre for 320 prisoners. In
1995 it became a local and training prison for 335 and in July 1996 the
capacity was increased again, to 360. Group 4's contract has been renewed for a
further five years commencing April 1997.
In April, the prison’s Board of Visitors published its annual report for
the year to 31 December 1996. Education was described as “a major positive
factor” and staff continued to “maintain high standards”. There had been less
adjudications and complaints than in
1995.
But the Board also had a number of concerns. “The increasing population
of the prison has brought more assaults on staff and prisoners” with prisoners
having to double up in single cells.
The shortage of work for prisoners “continues to be a problem” with “few
realistic opportunities for significant expansion. It is unlikely that more
than a quarter of the prisoners could be employed for a significant part of their
time and, within the accommodation available, it is not possible to provide
suitable education courses for the other threequarters.”
The Board was also worried about the pressures on “an already lean
staff” to cover all duties, both inside and outside the prison, undertake
training and cover for sickness and leave. Despite assurances from the prison’s
director, the Board were disappointed at “the company’s proposals to downgrade
the number of supervisors by more than 50 per cent and not to provide additional
custody officers at a time when prisoner numbers may increase by up to 35 per
cent of the original capacity.”
The Board of Visitors HMP Wolds, Annual Report to the Secretary of State
for the Home Department, year ending 31 December 1996. Available from: Mr F
Henry, HMP Wolds, Everthorpe, North Humberside, HU15 2JZ England.
Private
overcrowding
One of the originally stated aims of privatising prisons was to ease overcrowding in Britain’s prison system. But as the prison population for England and Wales passes a record 60,000, three of the four privately managed prisons are being overcrowded to help cope with the increase in numbers. Prison Service figures for March 1997 reveal that Doncaster held 1,017 prisoners compared with its operational capacity of 771 (132 per cent); Blakenhurst was operating at 115 per cent of capacity; and Wolds at 111 per cent.
Siege at
women’s prison
Eight prisoners armed with
planks of wood threatened to riot during a siege at the CCA-run Metropolitan
Women’s Prison in Melbourne, Victoria on 28 April 1997. The siege followed an
incident in which another prisoner was handcuffed for allegedly trying to assault
a member of staff. The state’s Special Emergency Services Group was called in
to help negotiate a peaceful end to the confrontation. The company is holding
an investigation into the siege and the prisoners’ concerns which caused it.
ACT
deliberates
The Australian Capital
Territory’s deliberations on setting up its own prison to avoid sending
prisoners to New South Wales continues. A recently issued discussion document, Establishment
of a Correctional Facility assesses the pros and cons of privatisation.
While it states that “those who visit private facilities are likely to be
impressed by their smooth and professional operation ... more research is
required to make meaningful comparisons between private and public sector
institutions using objective performance measures.”
The report adds that “unfortunately, such research is sometimes hampered by restrictions arising from commercial in confidence... and that ... available evidence does not support the conclusion that the private sector provides correctional services at a significantly lower cost to the government than a reformed public sector.”
ACT’s attorney general has said that the decision about public or private involvement in any future facility should not be based on ideology or an unquestioning adherence to past practice.
Inquest into
death at Mt. Gambier
A coroner’s inquiry into the December 1995 death of prisoner Joe Susic at Group 4-run Mt Gambier prison in South Australia opened in April. Mr Susic died of a heroin overdose. The early stages of the inquiry were concerned with how the prisoner had access to the drug.
Conference
controversy
The Australian Institute of Criminology (AIC) is holding a conference on prison privatisation in Melbourne in June. Billed as a correctional case study to explore the public policy implications of the move towards privatisation, the event has received what the AIC refers to as “the generous support” of Corrections Corporation of Australia and Group 4 Correction Services, both of which run prisons in Australia.
But Justice Action, a Sydney-based organisation, has criticised the AIC on the grounds that the “majority of participants represent either the private interests or the public agencies and institutions which engage their services.” It wants the AIC to dismiss the corporate sponsorship and to arrange a more balanced programme.
AIC
conference details:Conference Co-ordinators, PO Box 139, Calwell, ACT2905,
Australia.
Fax: ++62929002. Email: conference@netinfo.com.au
n The conference of the
Australian and New Zealand Society of Criminology in July 1997 will discuss the
privatisation and corporatisation of corrections.
Details:KathleenDaly,Fax:++738755608.Email: k.daly@hum.gu.edu.au
QCORR’s new
Board
The Queensland Corrections Board, which is overseeing the transition of Queensland Corrections to a government-owned corporation, will be headed by Mr Jim Kennedy. He is a director of Commonwealth Bank, Quantas, MIM Holdings, Queensland Investment Corporation and Pacific Dunlop. In a 1988 review of Queensland’s correction system, Mr Kennedy recommended that the state’s prisons should be privately run. Other board members are: a financial analyst; a lawyer; a businesswoman; a managing partner of accountants/consultants KPMG; a Queensland Treasury assistant and a trade union official.
CCA marketing abroad
According to the company’s latest 10K report filed with the Securities & Exchange Commission, in 1996 Corrections Corporation of America’s international marketing was carried out primarily through its alliance with Sodexho. CCA promoted its management services in Germany, Hungary, Panama, Mexico, Canada and Australia.
More kids on
the block
Private facilities have played a significant role in American juvenile corrections for over 20 years. This role is increasing. The juvenile population in private facilities in the US increased by 9.6 per cent from 1991 to 1995, according to a study published in April 1997 by the Office of Juvenile Justice and Delinquency Prevention (OJDP). As at 15 February 1995, 35,636 youths were in custody, the majority of whom were under 15 years of age. Fewer than two per cent were under 10 years old, 36 per cent were 16 to 17 and four per cent were 18 and older. The number of white youths increased 2.6 per cent while the number of black and Hispanic youths increased by 15 per cent and 31 per cent respectively.
More adults
too
The 1996 census of private adult correctional facilities has recently
been published by the University of Florida’s Private Corrections Project.
According to the census:
n There were 132 private adult correctional facilities in
operation or under development in the US, UK and Australia at the end of 1996 compared with 104 in 1995. As in 1995, 89 per cent were in the US, and the
remainder in the UK and Australia.
n The rated capacity of private
prisons in the US increased from 57,609 in 1995 to 77,584 in 1996, an increase
of 35 per cent.
n Texas had the largest number
of private prisons in the US with a potential capacity of 24,467 prisoners.
Florida had 6,215 and Tennessee 5,116.
n Seventy six per cent of
private prisoners were in facilities
run by firms under contract to state
authorities.
n As before, CCA and Wackenhut
Corrections Corp. dominated with 52 per cent and 25 per cent of all US
contracts respectively. The third largest was US Corrections Corp. with five
per cent.
n Fifteen American prison
management companies were operating in the US; two (CCA and Wackenhut) also
operated abroad.
n Neither of the UK based firms,
Securicor and Group 4, had contracts in the US.
n Mergers and acquisitions characterised the US industry.
n A new company, Maranatha
Production Co. won a contract in California.
n Many of the companies
operating adult prisons also run facilities for juveniles. But some of the
largest private corrections companies in the US concentrate on juvenile
corrections only, eg Youth Services International and Children’s Comprehensive
Services.
On the 1998
agenda
In 1993, the United Nations
Sub-commission on Prevention of
Discrimination and Protection of Minorities considered a report which
recommended initiating a special study on prison privatisation. The suggested
issues for further consideration were:
n the legality in international
human rights law of privatisation of prisons or contracted out management;
n if such privatisation is permissible, the extent to, and
conditions upon, which particular functions can be sub-delegated to private
contractors;
n whether a set of UN standards
for privatised prisons should be developed;
n what detailed safeguards
should be specified in any standards as being minimal and/or advisable;
n what is the most appropriate way of ensuring monitoring by UN human rights bodies.
The Sub-commission will next discuss privatisation at its 50th session in August 1998.
Wackenhut
builds on record 1996
More details about Wackenhut Correction Corp.’s (WCC) record breaking 1996 and its growth in 1997 have been published. The company’s revenues increased by 38.6 per cent to $137.8m in 1996 from $99.4m in 1995. Revenues from US operations were $108.24m ($72.85 in 1995) and $29.53m ($26.57m in 1995) were from international operations. Net profit after tax was $8.26m ($4.4m in 1995).
Equity income of its foreign affiliates in the UK and Australia increased to $604,000 in 1996 from a loss of $113,000 in 1995. This largely reflected the activities of Premier Prison Services Ltd, a UK joint venture. The increase in income results from three expansions at HMP Doncaster in November 1995, June 1996 and November 1996 respectively, and income earned from two court escort contracts that were awarded in December 1995 and commenced operations in May 1996.
In 1996, the six highest paid executives of the company received a total of $1.23m in salaries and other compensation (excluding share options) compared with $1.04m in 1995.
Most of its business is still in the US with customers consisting of federal, state and local government agencies. WCC claims that it still regards the UK and Australia as its primary potential foreign customers.
In 1996, various agencies of the state of Texas accounted for 39 per cent (37 per cent in 1995) of WCC’s consolidated revenues; Louisiana’s Department of Public Safety and Corrections accounted for nine per cent (11 per cent in 1995). Abroad, contracts with the New South Wales Department of Corrective Services accounted for ten per cent of revenues (13 per cent in 1995) while Queensland’s Corrective Services Commission accounted for 11 per cent (13 per cent in 1995).
Except for its contracts for the San Diego City Jail and in the UK and Australia, all of which provide for fixed monthly rates, Wackenhut’s facility management contracts provide income at an inmate per diem rate based upon actual or guaranteed occupancy levels.
By 14 March 1997, the company had 35 correctional and detention
facilities either under contract or awarded with a total design capacity of
24,708 beds. Of these, 21 facilities
were in operation, 12 were being developed by the company and two by a third party. Of those in development, seven were
scheduled to open during 1997. Also as
at 14 March 1997, WCC had 4,182 full‑time
employees (4,139 at facilities, 43 at the company’s HQ) and 207 part‑time.
The Company's correctional officers at Junee Correctional Centre, Arthur Gorrie
Correctional Centre, and Fulham Correctional Centre in Australia are members of
trade unions. But the company only has a contract with the union for the
correctional officers at Junee.
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